The exemption from the obligation to set up an emergency mechanism for payment service providers that have a dedicated interface meeting all the conditions mentioned in Article 33(6) of Commission Delegated Regulation (EU) No 2018/389 of 27 November 2017 is issued by the Autorité de contrôle prudentiel et de résolution, after receiving the opinion of the Banque de France underArticle L. 521-8 of the Monetary and Financial Code.
Payment service providers managing accounts wishing to benefit from the exemption shall send the Autorité de contrôle prudentiel et de résolution an application including:
1° An audit report on the compliance of the dedicated interface with all the obligations set out in Article 32 of the same Delegated Regulation;
2° An assessment of the test carried out pursuant to Article 30(5) of the Delegated Regulation;
3° Statistics on the use of the dedicated interface over the three months preceding the application. These three months may be included in the six-month period referred to in paragraph 5 of Article 30 of the same Delegated Regulation;
4° A summary of the conditions for resolving problems relating to the dedicated interface described in paragraph 1 of Article 33 of the same Delegated Regulation;
5° A report attesting to the compliance of the dedicated interface with the security provisions set out in the same Delegated Regulation and detailed in a security reference framework drawn up by the Banque de France pursuant to Article L. 521-8 of this Code. This report is drawn up by an assessment centre approved by the Agence nationale de la sécurité des systèmes d’information in accordance with the provisions of decree no. 2002-535 of 18 April 2002 relating to the assessment and certification of the security offered by information technology products and systems. The cost of this assessment is borne by the payment service providers managing the accounts. This report is sent by the Autorité de contrôle prudentiel et de résolution to the Banque de France so that it can ensure the security of the dedicated interface, pursuant to Article L. 521-8.
The Autorité de contrôle prudentiel et de résolution shall consult the European Banking Authority so that it can ensure the consistent application of the conditions mentioned in paragraph 6 of Article 33 of Delegated Regulation (EU) No 2018/389 of 27 November 2017.